Assembly Bill A3267

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3267
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Housing
 
 AN  ACT to amend the real property law, in relation to requiring a manu-
   factured home park owner or operator to give every  manufactured  home
   resident a copy of their resident's bill of rights

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 233 of the real property law, as amended by  chap-
 ter 566 of the laws of 1996, paragraph 6 of subdivision b as amended and
 subdivision  x  as added by chapter 561 of the laws of 2008, paragraph 1
 of subdivision f as amended by chapter 48 of the laws of 1998, paragraph
 5 of subdivision f as added by chapter 103 of the laws of 1996, subdivi-
 sion w as amended by section 18 of part B of chapter 389 of the laws  of
 1997,  and paragraph 3-a of subdivision w as added by chapter 405 of the
 laws of 2001, is amended to read as follows:
   § 233. Manufactured home parks; duties, responsibilities. a.  Wherever
 used in this section:
   1.  The term "manufactured home [tenant] RESIDENT" means one who rents
 space in a manufactured home park from a manufactured home park owner or
 operator for the purpose of parking his OR HER manufactured home or  one
 who  rents  a manufactured home in a manufactured home park from a manu-
 factured home park owner or operator.
   2. The term "manufactured home owner" means one who holds title  to  a
 manufactured home.
   3.  The  term  "manufactured  home  park" means a contiguous parcel of
 privately owned land which is used for the  accommodation  of  three  or
 more manufactured homes occupied for year-round living.
   4.  The  term  "manufactured home" means a structure, transportable in
 one or more sections, which in the traveling mode, is eight body feet or
 more in width or forty body feet or more in length, or, when erected  on
 site, is three hundred twenty or more square feet, and which is built on

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02952-01-9

 A. 3267                             2
 
 a  permanent chassis and designed to be used as a dwelling with or with-
 out a permanent foundation when connected to the required utilities, and
 includes the plumbing, heating, air-conditioning, and electrical systems
 contained  therein;  except that such term shall include a "mobile home"
 as defined in paragraph five OF THIS SUBDIVISION, and  shall  include  a
 structure  which  meets  all the requirements of this subdivision except
 the size requirements and with respect to which the manufacturer  volun-
 tarily  files  a  certification required by the secretary of housing and
 urban development.
   5. The term "mobile home" means a moveable or portable unit,  manufac-
 tured prior to January first, nineteen hundred seventy-six, designed and
 constructed  to  be  towed  on  its  own chassis, comprised of frame and
 wheels, connected to utilities, and designed and constructed  without  a
 permanent  foundation  for  year-round  living. A unit may contain parts
 that may be  folded,  collapsed  or  telescoped  when  being  towed  and
 expanded  later  to  provide additional cubic capacity as well as two or
 more separately towable components designed to be joined into one  inte-
 gral  unit  capable  of  being  again  separated into the components for
 repeated towing. "Mobile home" shall mean  units  designed  to  be  used
 exclusively for residential purposes, excluding travel trailers.
   6. THE TERM "RESIDENT'S BILL OF RIGHTS" MEANS A DOCUMENT PUBLISHED AND
 DISSEMINATED  BY  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL SETTING
 FORTH THE PROVISIONS OF THIS SECTION.
   b. A manufactured home park owner or operator may not evict a manufac-
 tured home [tenant] RESIDENT other than for the following reasons:
   1. The manufactured home [tenant] RESIDENT continues in possession  of
 any  portion  of  the  premises  after the expiration of his OR HER term
 without the permission of the manufactured home park owner or operator.
   2. The manufactured  home  [tenant]  RESIDENT  has  defaulted  in  the
 payment  of rent, pursuant to the agreement under which the premises are
 held, and a demand of the rent with at least thirty days notice in writ-
 ing has been served upon [him] SUCH RESIDENT as  prescribed  in  section
 seven  hundred  thirty-five of the real property actions and proceedings
 law. Upon the acceptance of such delinquent rent together with allowable
 costs, an action instituted for nonpayment of rent shall be  terminated.
 Any  person succeeding to the manufactured home park owner or operator's
 interest in the premises may proceed under this subdivision for rent due
 [his] THE predecessor in interest if he OR SHE has a right thereto.
   3. The premises, or any part  thereof,  are  used  or  occupied  as  a
 bawdy-house,  or  house or place of assignation for lewd purposes or for
 purposes of prostitution, or for any illegal trade or business.
   4. The manufactured home [tenant] RESIDENT is  in  violation  of  some
 federal, state or local law or ordinance which may be deemed detrimental
 to  the safety and welfare of the other persons residing in the manufac-
 tured home park.
   5. The manufactured home [tenant] RESIDENT  or  anyone  occupying  the
 manufactured  home  is  in  violation of any lease term or rule or regu-
 lation established by the  manufactured  home  park  owner  or  operator
 pursuant  to  this section, and has continued in violation for more than
 ten days after the manufactured home park owner or  operator  has  given
 written notice of such violation to the manufactured home [tenant] RESI-
 DENT  setting  forth  the  lease term or rule or regulation violated and
 directing that the manufactured home [tenant] RESIDENT correct or  cease
 violation  of such lease term or rule or regulation within ten days from
 the receipt of said notice. Upon the expiration of  such  period  should
 the violation continue or should the manufactured home [tenant] RESIDENT

 A. 3267                             3
 
 or  anyone occupying the manufactured home be deemed a persistent viola-
 tor of the lease term or rules and regulations, the park owner or opera-
 tor may serve written notice upon the manufactured home  [tenant]  RESI-
 DENT directing that [he] SUCH RESIDENT vacate the premises within thirty
 days of the receipt of said notice.
   6.  (i) The manufactured home park owner or operator proposes a change
 in the use of the land comprising  the  manufactured  home  park,  or  a
 portion  thereof,  on which the manufactured home is located, from manu-
 factured home lot rentals to some other use, provided  the  manufactured
 home owner is given written notice of the proposed change of use and the
 manufactured  home owner's need to secure other accommodations. Whenever
 a manufactured home park owner or operator gives a  notice  of  proposed
 change of use to any manufactured home owner, the manufactured home park
 owner  or  operator shall, at the same time, give notice of the proposed
 change of use to all other manufactured home owners in the  manufactured
 home  park  who  will  be  required  to secure other accommodations as a
 result of such proposed change of use.  Eviction proceedings based on  a
 change  in  use  shall  not  be  commenced  prior to six months from the
 service of notice of proposed change in use or  the  end  of  the  lease
 term,  whichever  is  later.  Such  notice shall be served in the manner
 prescribed in section seven hundred thirty-five  of  the  real  property
 actions  and  proceedings  law  or  by  certified  mail,  return receipt
 requested.
   (ii) Where a purchaser of a manufactured home park certified that such
 purchaser did not intend to change the use of the land pursuant to para-
 graph (b) of subdivision two of section two  hundred  thirty-three-a  of
 this  article, no eviction proceedings based on a change of use shall be
 commenced until the expiration of sixty months  from  the  date  of  the
 closing on the sale of the park.
   c.  If  the manufactured home park owner or operator does not have one
 of the above grounds available, the manufactured home [tenant]  RESIDENT
 may raise the same by affirmative defense to an action for eviction.
   d.  The  proceedings  to evict shall be governed by the procedures set
 forth in article seven of the real property actions and proceedings law,
 except for the provisions of subdivision two of  section  seven  hundred
 forty-nine  of the real property actions and proceedings law which shall
 be superseded by the provisions of this subdivision.
   1. The officer to whom the warrant is  directed  and  delivered  shall
 give  at  least  ninety  days  notice,  in  writing  and  in  the manner
 prescribed in article seven of the real property actions and proceedings
 law for the service of notice of petition, to the person or  persons  to
 be  evicted  or  dispossessed  and shall execute the warrant between the
 hours of sunrise and sunset.
   2. The court may order that such warrant  be  directed  and  delivered
 with  only  thirty  days  written  notice to the person or persons to be
 evicted or dispossessed if the conditions upon  which  the  eviction  is
 founded pose an imminent threat to the health, safety, or welfare of the
 other  manufactured  home  [tenants]  RESIDENTS in the manufactured home
 park.
   3. The court shall order that such warrant be directed  and  delivered
 with  thirty  days written notice to the person or persons to be evicted
 or dispossessed if the condition upon which the eviction is  founded  is
 that such person is in default in the payment of rent.
   4.  Notwithstanding  the  provisions of paragraphs one and two of this
 subdivision, nor of any other general, special or  local  law,  rule  or
 regulation  to the contrary, the officer to whom the warrant is directed

 A. 3267                             4

 and delivered shall give seventy-two hours written notice to the  person
 or  persons  to  be  evicted  or dispossessed, if such person or persons
 rents a manufactured home in a manufactured home park  from  a  manufac-
 tured  home  park  owner or operator and such officer shall execute such
 warrant between the hours of sunrise and sunset.
   e. [Leases.] 1. The manufactured home park  owner  or  operator  shall
 offer  every manufactured home [tenant] RESIDENT prior to occupancy, the
 opportunity to sign a lease for a minimum of one year, which offer shall
 be made in writing.
   2. (i) On or before, as appropriate, (a) the first day of  October  of
 each  calendar  year  with  respect to a manufactured home owner then in
 good standing who is not currently a party to a  written  lease  with  a
 manufactured  home  park owner or operator or (b) the ninetieth day next
 preceding the expiration date of any existing written  lease  between  a
 manufactured  home  owner  then in good standing and a manufactured home
 park owner or operator, the manufactured home  park  owner  or  operator
 shall  submit  to  each  such manufactured home owner a written offer to
 lease for a term of at least twelve months from  the  commencement  date
 thereof  unless  the manufactured home park owner or operator has previ-
 ously furnished the manufactured home owner with written notification of
 a proposed change of use pursuant to paragraph six of subdivision  b  of
 this  section. Any such offer shall include a copy of the proposed lease
 containing such terms and conditions, including provisions for rent  and
 other  charges, as the manufactured home park owner shall deem appropri-
 ate; provided such terms and conditions are consistent  with  all  rules
 and regulations promulgated by the manufactured home park operator prior
 to  the date of the offer and are not otherwise prohibited or limited by
 applicable law. Such offer shall also contain a statement  advising  the
 manufactured  home  owner  that if he or she fails to execute and return
 the lease to the manufactured home park owner or operator within  thirty
 days  after  submission of such lease, the manufactured home owner shall
 be deemed to have declined the offer of a lease and shall not  have  any
 right  to  a lease from the manufactured home park owner or operator for
 the next succeeding twelve months.
   (ii) For purposes of this paragraph, a manufactured home  owner  shall
 be deemed in good standing if he or she is not in default in the payment
 of  more  than one month's rent to the manufactured home park owner, and
 is not in violation of paragraph three, four or five of subdivision b of
 this section. No manufactured home park owner or operator  shall  refuse
 to  provide a written offer to lease based on a default of rent payments
 or a violation of paragraph three, four or five of subdivision b of this
 section unless, at least thirty days prior to the last date on which the
 owner or operator would otherwise be required to  provide  such  written
 offer  to  lease,  the  owner or operator notifies the manufactured home
 owner, in writing, of the  default  in  rent  or  the  specific  grounds
 constituting  the  violation and such grounds continues up and until the
 fifth calendar day immediately preceding the  last  date  on  which  the
 written offer would otherwise be required to be made.
   (iii)  For  purposes  of  this paragraph, the commencement date of any
 lease offered by the manufactured home park owner  to  the  manufactured
 home  owner  shall  be  the  ninetieth day after the date upon which the
 manufactured home park owner shall  have  provided  the  offer  required
 pursuant  to this paragraph; provided, however, that no such lease shall
 be effective if, on such commencement date, the manufactured home  owner
 is  in  default of more than one month's rent. In the event the manufac-
 tured home owner shall have failed to execute and return said  lease  to

 A. 3267                             5
 
 the manufactured home park owner or operator within thirty days after it
 is  submitted to the manufactured home owner as required by subparagraph
 (i) of this paragraph the manufactured home owner  shall  be  deemed  to
 have declined to enter said lease.
   3.  No  lease  provision  shall be inconsistent with any rule or regu-
 lation in effect at the commencement of the lease.
   f. [Rules and regulations.] 1. A manufactured home park owner or oper-
 ator may promulgate rules and regulations governing the rental or  occu-
 pancy  of  a  manufactured  home lot provided such rules and regulations
 shall not be unreasonable, arbitrary or capricious. A copy of all  rules
 and  regulations  shall be delivered by the manufactured home park owner
 or operator to all manufactured home [tenants]  RESIDENTS  at  the  same
 time  such owner or operator initially offers the written lease provided
 for in subdivision e of this section. A copy  of  the  rules  and  regu-
 lations  shall  be  posted  in a conspicuous place upon the manufactured
 home park grounds.
   2. If a rule or regulation is not applied uniformly  to  all  manufac-
 tured home [tenants] RESIDENTS of the manufactured home park there shall
 be  a  rebuttable  presumption that such rule or regulation is unreason-
 able, arbitrary and capricious, provided, however, that an inconsistency
 between a rule or regulation and a  lease  term  contained  in  a  lease
 signed  before  the  date  the rule or regulation is effective shall not
 raise a rebuttable presumption that such rule is unreasonable, arbitrary
 or capricious.
   3. Any rule or regulation which does not conform to  the  requirements
 of  this section or which has not been supplied or posted as required by
 paragraph one of this subdivision shall  be  unenforceable  and  may  be
 raised  by  the  manufactured  home  [tenant] RESIDENT as an affirmative
 defense in any action to evict on the basis of a violation of such  rule
 or regulation.
   4.  No  rules  or  regulations may be changed by the manufactured home
 park owner or operator without specifying the date of implementation  of
 said  changed  rules  and regulations, which date shall be no fewer than
 thirty days after written notice to all [tenants] RESIDENTS.
   5. A [mobile] MANUFACTURED home park owner or operator may not prohib-
 it the placement of a for sale sign on any [mobile] MANUFACTURED home. A
 rule or regulation may be promulgated limiting the maximum size of  such
 sign; provided, that it does not prohibit signs the size of which do not
 exceed the smaller of three feet by two feet or the maximum size allowed
 by law or governmental regulation or ordinance, if any.
   g. 1. No [tenant] RESIDENT shall be charged a fee for other than rent,
 utilities  and  charges  for  facilities  and  services available to the
 [tenant] RESIDENT. All fees, charges or assessments must  be  reasonably
 related to services actually rendered.
   2.  A  manufactured  home  park owner or operator shall be required to
 fully disclose in writing  all  fees,  charges,  assessments,  including
 rental fees, rules and regulations prior to a manufactured home [tenant]
 RESIDENT assuming occupancy in the manufactured home park.
   3.  No fees, charges, assessments or rental fees may be increased by A
 manufactured home park owner or operator without specifying the date  of
 implementation  of  said fees, charges, assessments or rental fees which
 date shall be no less than ninety days after written notice to all manu-
 factured home [tenants] RESIDENTS.  Failure on the part of the  manufac-
 tured home park owner or operator to fully disclose all fees, charges or
 assessments  shall  prevent the manufactured home park owner or operator
 from collecting said fees, charges or assessments, and  refusal  by  the

 A. 3267                             6
 
 manufactured home [tenant] RESIDENT to pay any undisclosed charges shall
 not  be  used by the manufactured home park owner or operator as a cause
 for eviction in any court of law.
   4.  (a) Whenever money shall be deposited or advanced on a contract or
 license agreement for the use or rental of premises and the manufactured
 home, if rented, in a manufactured home park as security for performance
 of the contract or agreement or to be  applied  to  payments  upon  such
 contract or agreement when due, such money with interest accruing there-
 on,  if  any, until repaid or so applied, shall continue to be the money
 of the person making such deposit or advance and shall be a  trust  fund
 in  the possession of the person with whom such deposit or advance shall
 be made and shall not be mingled with other funds or become an asset  of
 the park owner, operator or his OR HER agent.
   (b) Whenever the person receiving money so deposited or advanced shall
 deposit such money in a banking organization, such person shall thereup-
 on notify in writing each of the persons making such security deposit or
 advance,  giving  the  name  and  address of the banking organization in
 which the deposit of security money is made,  and  the  amount  of  such
 deposit.  Deposits  in a banking organization pursuant to the provisions
 of this subdivision shall be made in a  banking  organization  having  a
 place  of business within the state. If the person depositing such secu-
 rity money in a banking organization shall deposit same in  an  interest
 bearing  account,  he  OR  SHE shall be entitled to receive, as adminis-
 tration expenses, a sum equivalent to one percent  per  annum  upon  the
 security  money so deposited, which shall be in lieu of all other admin-
 istrative and custodial expenses. The balances of the interest  paid  by
 the  banking  organization  shall  be the money of the person making the
 deposit or advance and shall either be held in trust by the person  with
 whom  such deposit or advance shall be made, until repaid or applied for
 the use or rental of the leased premises, or annually paid to the person
 making the deposit of security money.
   (c) Whenever the money so deposited or advanced is for the rental of a
 manufactured home park lot on property on which are located six or  more
 manufactured  home  park  lots,  the  person receiving such money shall,
 subject to the provisions of this section, deposit  it  in  an  interest
 bearing account in a banking organization within the state which account
 shall  earn interest at a rate which shall be the prevailing rate earned
 by other such deposits made with the banking organizations in such area.
   (d) In the event that a lease terminates other than at the time that a
 banking organization in such area regularly pays  interest,  the  person
 depositing such security money shall pay over to his OR HER manufactured
 home  [tenant] RESIDENT such interest as he OR SHE is able to collect at
 the date of such lease termination.
   (e) Any provision of such a contract or agreement whereby a person who
 so deposits or advances money waives any provision of  this  subdivision
 is void.
   h. No manufactured home park owner shall:
   1.  Require  a manufactured home [tenant] RESIDENT therein to purchase
 from said manufactured home park owner or operator skirting or equipment
 for tying down manufactured homes, or any other equipment. However,  the
 manufactured  home park owner or operator may determine by rule or regu-
 lation the style or quality of such equipment to  be  purchased  by  the
 manufactured  home [tenant] RESIDENT from the vendor of the manufactured
 home [tenant's] RESIDENT'S choosing, providing such equipment is readily
 available.

 A. 3267                             7
 
   2. Charge any manufactured  home  [tenant]  RESIDENT  who  chooses  to
 install  an electric or gas appliance in his OR HER manufactured home an
 additional fee solely on the basis  of  such  installation  unless  such
 installation  is performed by the manufactured home park owner or opera-
 tor at the request of the manufactured home [tenant] RESIDENT, nor shall
 the  manufactured home park owner or operator restrict the installation,
 service or maintenance of any such appliance, restrict  the  ingress  or
 egress  of repairers to enter the manufactured home park for the purpose
 of installation, service  or  maintenance  of  any  such  appliance,  or
 restrict  the  making  of  any interior improvement in such manufactured
 home, so long as such an installation or improvement  is  in  compliance
 with  applicable  building codes and other provisions of law and further
 provided that adequate utilities are available for such installation  or
 improvement.
   3. Require, by contract, rule, regulation or otherwise, a manufactured
 home  dweller  to  purchase from the manufactured home park owner or any
 person acting directly or  indirectly  on  behalf  of  the  park  owner,
 commodities  or  services  incidental to placement or rental within such
 park; nor shall the park owner restrict access to the manufactured  home
 park  to  any person employed, retained or requested by the manufactured
 home dweller to provide such commodity or service, unless  the  manufac-
 tured  home  park owner establishes that such requirement or restriction
 is necessary to protect the property of such park owner from substantial
 harm or impairment.
   4. Require a manufactured home owner  or  a  prospective  manufactured
 home  owner  to  purchase his or her manufactured home from the manufac-
 tured home park owner or operator, or from any person or persons  desig-
 nated  by  the  manufactured home park owner or operator. Nothing herein
 shall be construed to prevent a manufactured home park owner or operator
 from requiring that any new manufactured home to be installed in his  or
 her manufactured home park comply with the rules and regulations of said
 manufactured home park or conform to the physical facilities then exist-
 ing  for  installation  of a manufactured home in said manufactured home
 park.
   i. 1. No manufactured home park owner or operator shall deny any manu-
 factured home [tenant] RESIDENT the right to sell his  OR  HER  manufac-
 tured  home  within the manufactured home park provided the manufactured
 home [tenant] RESIDENT shall give to the manufactured home park owner or
 operator twenty days' written notice of his OR HER  intention  to  sell,
 provided  that if the manufactured home owner is deceased no such notice
 shall be required from the administrator or executor of the home owner's
 estate, and provided further that no manufactured  home  park  owner  or
 operator  shall  restrict  access  to  the manufactured home park to any
 potential purchaser or representatives of any seller unless the manufac-
 tured home park owner establishes that such restriction is necessary  to
 protect  the  property  of  such park owner or operator from substantial
 harm or impairment. No manufactured home park owner  or  operator  shall
 require  the  manufactured  home owner or subsequent purchaser to remove
 the manufactured home from the manufactured  home  park  solely  on  the
 basis  of the sale thereof. The manufactured home park owner or operator
 may reserve the right to approve the purchaser of said manufactured home
 as a manufactured home [tenant] RESIDENT for the remainder of the  sell-
 er's  or deceased [tenant's] RESIDENT'S term but such permission may not
 be unreasonably withheld. If the manufactured home park owner or  opera-
 tor  unreasonably  withholds  his  OR  HER  permission  or  unreasonably
 restricts access to the manufactured home park,  the  manufactured  home

 A. 3267                             8
 
 [tenant]  RESIDENT  or  the  executor  or  administrator  of  a deceased
 [tenant's] RESIDENT'S estate may recover the costs  of  the  proceedings
 and attorneys' fees if it is found that the manufactured home park owner
 or  operator acted in bad faith by withholding permission or restricting
 access.
   2. The manufactured home park owner or  operator  shall  not  exact  a
 commission  or  fee  with  respect  to  the price realized by the seller
 unless the manufactured home park owner or operator has acted  as  agent
 for  the  manufactured  home  owner  in  the  sale pursuant to a written
 contract.
   3. If the ownership or management rejects a purchaser as a prospective
 [tenant] RESIDENT, the selling [tenant] RESIDENT  must  be  informed  in
 writing of the reasons therefor.
   j. The owner or operator of a manufactured home park may enter a manu-
 factured home owner's manufactured home without the prior consent of the
 occupant  only in case of emergency. The owner or operator of a manufac-
 tured home park may enter  a  manufactured  home  [tenant's]  RESIDENT'S
 manufactured home during reasonable hours on reasonable notice.
   k. The owner or operator shall provide reasonable notice where practi-
 cable to all manufactured home [tenants] RESIDENTS who would be affected
 by  any  planned  disruption  of necessary services caused by the owner,
 operator or his OR HER agent.
   l. The park owner shall designate an agent on the premises or in close
 proximity to the manufactured home park to insure  the  availability  of
 emergency  response  actions  in  matters  affecting the health, safety,
 well-being and welfare of manufactured home [tenants] RESIDENTS  in  the
 park. The designated agent's name, address and telephone number shall be
 posted  in  a conspicuous location in the park, given in writing to each
 [tenant] RESIDENT and registered with appropriate county law enforcement
 and health officials and local fire officials.
   m. [Warranty of habitability, maintenance, disruption of services.] In
 every written or oral lease or rental agreement entered into by a  manu-
 factured  home  [tenant]  RESIDENT,  the manufactured home park owner or
 operator shall be deemed to covenant and warrant that  the  premises  so
 leased  or rented and the manufactured home if rented and all areas used
 in connection therewith in common with other manufactured home  [tenants
 or]  residents including all roads within the manufactured home park are
 fit for human habitation and for the uses  reasonably  intended  by  the
 parties  and  that  the occupants of such premises and such manufactured
 homes if rented shall not be subjected to any conditions which would  be
 dangerous,  hazardous  or  detrimental  to their life, health or safety.
 When any such condition has been caused by the misconduct of  the  manu-
 factured  home  [tenant]  RESIDENT or lessee or persons under his OR HER
 direction or control, it shall not constitute a breach of such covenants
 and warranties. The rights and obligations of the manufactured home park
 owner or operator and the manufactured home [tenant] RESIDENT  shall  be
 governed  by the provisions of this subdivision and subdivisions two and
 three of section two hundred thirty-five-b of this article.
   n. 1. No manufactured home park owner or operator shall serve a notice
 to quit upon any manufactured home [tenant]  RESIDENT  or  commence  any
 action  to  recover  real  property  or  summary  proceeding  to recover
 possession of real property in retaliation for:
   (a) A good faith complaint, by or in behalf of the [tenant]  RESIDENT,
 to  a  governmental  authority  of the manufactured home park owner's or
 operator's alleged violation of any health or  safety  law,  regulation,

 A. 3267                             9
 
 code,  or ordinance, or any law or regulation which has as its objective
 the regulation of premises used for dwelling purposes; or
   (b)  Actions  taken in good faith, by or in behalf of the manufactured
 home [tenant] RESIDENT, to secure or enforce any rights under the  lease
 or  rental  agreement,  under subdivision m of this section and subdivi-
 sions two and three of section two hundred thirty-five-b of  this  arti-
 cle,  or  under any other local law, law of the state of New York, or of
 its governmental subdivisions, or of the United States which has as  its
 objective the regulation of premises used for dwelling purposes; or
   (c)  The  manufactured home [tenant's] RESIDENT'S participation in the
 activities of a [tenant's] RESIDENT'S organization.
   2. No manufactured home park owner  or  operator  shall  substantially
 alter  the terms of the tenancy in retaliation for any actions set forth
 in subparagraphs (a), (b), and (c) of paragraph one of this subdivision.
 Substantial alteration shall include, but is not limited to, the refusal
 to continue a tenancy of the manufactured  home  [tenant]  RESIDENT  or,
 upon  expiration  of  the  manufactured home owner's lease, to renew the
 lease or offer a new lease; provided, however, that a manufactured  home
 park  owner  or operator shall not be required under this subdivision to
 offer a manufactured home owner a new lease or a  lease  renewal  for  a
 term greater than one year.
   3.  This  subdivision  shall apply to all manufactured home parks with
 four or more manufactured homes. However, its provisions  shall  not  be
 given  effect  in any case in which it is established that the condition
 from which the complaint or action arose was caused by the  manufactured
 home  [tenant]  RESIDENT,  a  member of the manufactured home [tenant's]
 RESIDENT'S household, or a guest of the manufactured home [tenant] RESI-
 DENT.  Nor shall it apply in a  case  where  a  tenancy  was  terminated
 pursuant  to the terms of a lease as a result of a bona fide transfer of
 ownership. The rights and obligations  of  the  manufactured  home  park
 owner  or  operator and the manufactured home [tenant] RESIDENT shall be
 governed by the provisions of this subdivision and  subdivisions  three,
 four and five of section two hundred twenty-three-b of this article.
   o.  Whenever  a  lease  shall  provide  that  in any action or summary
 proceeding the manufactured home park  owner  or  operator  may  recover
 attorney's fees and/or expenses incurred as the result of the failure of
 the  [tenant] RESIDENT to perform any covenant or agreement contained in
 such lease, or that amounts paid by the manufactured home park owner  or
 operator  therefor  shall be paid by the [tenant] RESIDENT as additional
 rent, there shall be implied in such lease a covenant  by  the  manufac-
 tured  home  park owner or operator, to pay to the [tenant] RESIDENT the
 reasonable attorney's fees and/or  expenses  incurred  by  the  [tenant]
 RESIDENT  to the same extent as is provided in section two hundred thir-
 ty-four of this article which section shall apply in its entirety.
   p. Any manufactured home park owner or  operator  who  has  agreed  to
 provide  hot  or cold water, heat, light, power, or any other service or
 facility to any occupant of the manufactured home park who willfully  or
 intentionally  without  just  cause  fails  to furnish such water, heat,
 light, power, or other service or facility, or who interferes  with  the
 quiet enjoyment of the leased premises, is guilty of a violation.
   q.  Upon  receipt  of rent, fees, charges or other assessments, in the
 form of cash or any instrument other than  the  personal  check  of  the
 [tenant]  RESIDENT,  it  shall be the duty of the manufactured home park
 owner or operator to provide the payor with a written receipt containing
 the following:
   1. the date;

 A. 3267                            10
 
   2. the amount;
   3. the identity of the premises and the period for which paid;
   4. the signature and title of the person receiving rent.
   r.  [Limitation  on late charges.] A late charge on any rental payment
 by a manufactured home owner which has become  due  and  remains  unpaid
 shall  not exceed and shall be enforced to the extent of five percent of
 such delinquent payment; provided, however,  that  no  charge  shall  be
 imposed  on  any  rental  payment  by a manufactured home owner received
 within ten days after the  due  date.  In  the  absence  of  a  specific
 provision  in  the lease or the manufactured home park's rules and regu-
 lations, no late charge  on  any  delinquent  rental  payment  shall  be
 assessed or collected.
   s.  It shall be a violation for a manufactured home park owner, opera-
 tor or his OR HER agent to restrict occupancy of a manufactured home  or
 manufactured  home park lot intended for residential purposes by express
 lease terms or otherwise, to a manufactured home  [tenant]  RESIDENT  or
 [tenants] RESIDENTS or to such [tenants] RESIDENTS and immediate family.
 Any  such  restriction  in  a  lease or rental agreement entered into or
 renewed before or after the effective date of this subdivision shall  be
 unenforceable  as against public policy. The rights and obligations of a
 manufactured home park owner  or  operator  and  the  manufactured  home
 [tenant]  RESIDENT  shall be governed by the provisions of this subdivi-
 sion and subdivisions one, three, four, five, six, seven, eight and nine
 of section two hundred thirty-five-f of this article.
   t. 1. Unless a greater right to assign is conferred by  the  lease,  a
 manufactured  home  [tenant]  RESIDENT  may  not assign his OR HER lease
 without the written consent of the manufactured home park owner or oper-
 ator, which  consent  may  be  unconditionally  withheld  without  cause
 provided that the manufactured home park owner or operator shall release
 the  manufactured  home [tenant] RESIDENT from the lease upon request of
 the mobile home [tenant] RESIDENT upon thirty days notice if  the  manu-
 factured  home  park  owner  or  operator unreasonably withholds consent
 which release shall be the sole remedy of the [tenant] RESIDENT.  If the
 owner reasonably withholds consent, there shall be no assignment and the
 manufactured home [tenant] RESIDENT  shall  not  be  released  from  the
 lease.
   2.  (a) A manufactured home [tenant] RESIDENT renting space or a manu-
 factured home in a manufactured home park with four or more manufactured
 homes pursuant to an existing lease shall have a right to  sublease  his
 OR  HER  premises  subject  to  the written consent of the park owner in
 advance of the subletting. Such consent shall not be unreasonably  with-
 held.
   (b)  The manufactured home [tenant] RESIDENT shall inform the manufac-
 tured home park owner or operator of his OR HER intent  to  sublease  by
 mailing  a  notice  of  such  intent  by  certified mail, return receipt
 requested. Such request shall be accompanied by the  following  informa-
 tion:  (i)  the  term  of  the  sublease,  (ii) the name of the proposed
 sublessee, (iii) the business and permanent home address of the proposed
 sublessee, (iv) the [tenant's] RESIDENT'S reason for subletting, (v) the
 [tenant's] RESIDENT'S address for the term of  the  sublease,  (vi)  the
 written  consent  of  any  [co-tenant]  CO-RESIDENT  or guarantor of the
 lease, and (vii) a copy of the proposed sublease, to which a copy of the
 manufactured home [tenant's]  RESIDENT'S  lease  shall  be  attached  if
 available,  acknowledged  by the manufactured home [tenant] RESIDENT and
 proposed [subtenant] SUBRESIDENT as being a true copy of such sublease.

 A. 3267                            11
 
   (c) Within ten days after the mailing of such  request,  the  manufac-
 tured home park owner or operator may ask the manufactured home [tenant]
 RESIDENT for additional information as will enable the manufactured home
 park  owner  or operator to determine if rejection of such request shall
 be  unreasonable.  Any such request for additional information shall not
 be unduly burdensome. Within  thirty  days  after  the  mailing  of  the
 request  for  consent, or of the additional information reasonably asked
 for by the manufactured home park owner or operator, whichever is later,
 the manufactured home park owner or operator shall send a notice to  the
 manufactured  home  [tenant] RESIDENT of his OR HER consent or, if he OR
 SHE does not consent, his OR HER  reasons  therefor.  Manufactured  home
 park owner's or operator's failure to send such a notice shall be deemed
 to  be  a  consent  to the proposed subletting. If the manufactured home
 park owner or operator consents, the premises may be sublet  in  accord-
 ance with the request, but the manufactured home [tenant] RESIDENT ther-
 eunder, shall nevertheless remain liable for the performance of manufac-
 tured  home  [tenant's]  RESIDENT'S obligations under said lease. If the
 manufactured home park owner or operator reasonably  withholds  consent,
 there shall be no subletting and the manufactured home [tenant] RESIDENT
 shall  not  be  released  from  the lease. If the manufactured home park
 owner or operator unreasonably withholds consent, the manufactured  home
 [tenant]  RESIDENT  may  sublet  in  accordance with the request and may
 recover the costs of the proceeding and attorneys fees if  it  is  found
 that  the manufactured home park owner or operator acted in bad faith by
 withholding consent. The rights and obligations of the manufactured home
 park owner or operator and the manufactured home [tenant] RESIDENT shall
 be governed by the  provisions  of  this  subdivision  and  subdivisions
 three, five, six, seven and eight of section two hundred twenty-six-b of
 this article.
   u. In the event of a breach by a manufactured home park owner or oper-
 ator  of  any of the requirements of this section, the manufactured home
 [tenant] RESIDENT may commence an action for damages  actually  incurred
 as  a  result  of  such  breach,  or  in an action or summary proceeding
 commenced by such manufactured home park owner or operator, may counter-
 claim for damages occasioned by such breach.
   v. On and after April first, nineteen hundred eighty-nine, the commis-
 sioner of housing and community renewal shall have the power and duty to
 enforce and ensure compliance  with  the  provisions  of  this  section.
 However,  the  commissioner  shall not have the power or duty to enforce
 manufactured home park rules and regulations established under  subdivi-
 sion  f  of  this  section. On or before January first, nineteen hundred
 eighty-nine, each manufactured home park owner or operator shall file  a
 registration  statement  with the commissioner and shall thereafter file
 an annual registration statement on or  before  January  first  of  each
 succeeding  year.  The  commissioner,  by regulation, shall provide that
 such registration statement shall include only the names of all  persons
 owning  an interest in the park, the names of all [tenants] RESIDENTS of
 the park, all services provided by the park owner to the [tenants] RESI-
 DENTS and a copy of all current manufactured home park rules  and  regu-
 lations.  Whenever there shall be a violation of this section, an appli-
 cation may be made by the commissioner of housing and community  renewal
 in the name of the people of the state of New York to a court or justice
 having  jurisdiction by a special proceeding to issue an injunction, and
 upon notice to the defendant of not less than five days, to  enjoin  and
 restrain  the  continuance  of such violation; and if it shall appear to
 the satisfaction of the court or justice  that  the  defendant  has,  in

 A. 3267                            12
 
 fact,  violated  this section, an injunction may be issued by such court
 or justice, enjoining and restraining any  further  violation  and  with
 respect  to  this  subdivision,  directing  the filing of a registration
 statement.  In any such proceeding, the court may make allowances to the
 commissioner of housing and community renewal of a sum not exceeding two
 thousand dollars against each defendant, and direct restitution.   When-
 ever  the  court  shall  determine  that a violation of this section has
 occurred, the court may impose a civil penalty  of  not  more  than  one
 thousand  five hundred dollars for each violation. Such penalty shall be
 deposited in the manufactured home cooperative fund, created pursuant to
 section fifty-nine-h of the private housing finance law.  In  connection
 with  any  such  proposed  application,  the commissioner of housing and
 community renewal is authorized to take proof and make  a  determination
 of  the  relevant  facts  and  to issue subpoenas in accordance with the
 civil practice law and rules. The provisions of this  subdivision  shall
 not impair the rights granted under subdivision u of this section.
   w.  [Real  property  tax payments.] 1. A manufactured home park owner,
 operator or the agent of such owner or operator shall reduce the  annual
 rent  paid  by a manufactured home [tenant] RESIDENT for use of the land
 upon which such manufactured home sits in an amount equal to  the  total
 of  the  real  property  taxes  actually  paid by such manufactured home
 [tenant] RESIDENT for such manufactured home plus the  amount  by  which
 the  taxes  on  such  manufactured  home were reduced as a result of the
 partial real property tax exemption granted  to  the  manufactured  home
 [tenant] RESIDENT pursuant to article four of the real property tax law,
 provided such manufactured home [tenant] RESIDENT:
   (a)  owns a manufactured home which is separately assessed, subject to
 the provisions of paragraph two of this subdivision;
   (b) is entitled to and actually receives a partial real  property  tax
 exemption pursuant to article four of the real property tax law; and
   (c) pays the real property taxes due on such home.
   2.  In  the  case  of  a  manufactured  home  which  is not separately
 assessed, but which is entitled to and actually receives the school  tax
 relief  (STAR)  exemption authorized by section four hundred twenty-five
 of the real property tax law, the [tenant] RESIDENT of such manufactured
 home shall be entitled to a rent reduction pursuant to this  subdivision
 to  the  same extent as a [tenant] RESIDENT of a manufactured home which
 satisfies the criteria set forth in paragraph one of  this  subdivision.
 Such  rent  reduction shall be equal to the amount by which the taxes on
 such manufactured home were reduced as a result of such exemption.
   3. A manufactured home park owner or operator providing a reduction in
 rent as required by paragraph one or two of this subdivision may retain,
 in consideration for record keeping expenses, two percent of the  amount
 of such reduction.
   3-a.  Any  reduction required to be provided pursuant to paragraph one
 or two of this subdivision shall be provided as follows:
   (a) a reduction in monthly rent (prorating  the  reduction  in  twelve
 parts) shall take effect upon the first monthly rental payment due sixty
 days  after the last date for the payment of real property taxes with no
 penalty or interest for lateness and shall be extended to the next elev-
 en monthly payments thereafter; or
   (b) with the consent of the manufactured home park owner, operator, or
 agent of such owner or operator, a reduction in rent may  be  offset  in
 the  entire  amount  of  such reduction against the first monthly rental
 payment due sixty days after the last date for the payment of real prop-
 erty taxes with no penalty or interest for  lateness,  and  the  balance

 A. 3267                            13
 
 thereof,  if  any, may be offset against the monthly rental payments for
 succeeding months, until exhausted; or
   (c)  at the election of the manufactured home park owner, operator, or
 agent of such owner or operator, the total amount of such  reduction  in
 rent may be paid to the [tenant] RESIDENT no later than sixty days after
 the  last date for the payment of real property taxes with no penalty or
 interest for lateness.
   4. The failure of a manufactured home park owner or operator to comply
 with the provisions of this subdivision shall be a violation  punishable
 by a fine not to exceed five hundred dollars for each violation.
   x.  1.  Rent  and  other  fees,  charges  and  assessments  may not be
 increased by a manufactured home park owner or operator more  than  once
 in any year.
   2.  Notwithstanding  the  provisions of paragraph one of this subdivi-
 sion, if a fee, charge, or assessment in effect at the commencement of a
 lease or tenancy is for goods or services provided by a party  unrelated
 to  and  not controlled by the manufactured home park owner or operator,
 the manufactured home park  owner  or  operator  may,  upon  the  notice
 required in this section, provide for the pass-along to the manufactured
 home tenant of any increases in such fee, charge or assessment.
   3.  Any agreement modifying any of the rights set forth in this subdi-
 vision shall be void as contrary to public policy.
   Y. A MANUFACTURED HOME PARK OWNER OR OPERATOR SHALL OFFER EVERY  MANU-
 FACTURED  HOME  RESIDENT  PRIOR TO OCCUPANCY A WRITTEN COPY OF THE RESI-
 DENT'S BILL OF RIGHTS. THE RESIDENT'S BILL OF RIGHTS  SHALL  BE  CREATED
 AND  DISSEMINATED  BY  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL. A
 COPY OF THE RESIDENT'S BILL OF RIGHTS SHALL BE POSTED IN  A  CONSPICUOUS
 PLACE UPON THE MANUFACTURED HOME PARK GROUNDS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.